BHUWAN PRATAP SINGH Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) S. U. Khan, J. Heard learned counsel for the parties.

(2.) THESE two writ petitions have been filed by the landlord. Through two lease deeds dated 29-8-1970 executed in between petitioner and Governor of United Provinces, accommodation in dispute was given by the petitioner on lease. Through the first lease half portion of the accommodation in dispute was given for establishing the headquarters of 66 U. P. Battalion N. C. C. And through the other lease deed rest half portion of the accommodation in dispute was given for establishing office of 91 U. P. Battalion. N. C. C. Afterwards the number of 66 U. P. Battalion was changed to 90 and Battalion. No. 91 was changed to Battalion 93. The rent of each portion was Rs. 225/- per month. The period of lease in both the lease deeds was 3 years from 1-9-1970 to 31- 8-1973. Petitioner filed two suits for eviction in respect of both the portions of the accommodation in dispute which were dismissed for want of notice under Section 80, C. P. C. Thereafter fresh suits were filed after giving notice giving rise to the instant writ petitions.

(3.) BOTH the Courts below dismissed the suits only and only on the ground that the period mentioned in the notice under Section 80, C. P. C. dated 6-8-1979 was 60 days while under Section 80, C. P. C. It ought to be two months.